Jurisdiction of the Supreme Court of India can be enlarged by
Parliament and by Law. The Court of Appeal exercises appellate
jurisdiction "with such exceptions and subject to such regulations as
may be prescribed by law" from all decisions of the High Court, and from
such decisions of other courts as may be prescribed by law, occupying a
new appellate jurisdictional tier between the High Court and the
Supreme Court.
The Supreme Court has original, appellate and
advisory jurisdiction. Its exclusive original jurisdiction extends to
any dispute between the Government of India and one or more States or
between the Government of India and any State or States on one side and
one or more States on the other or between two or more States, if and
insofar as the dispute involves any question (whether of law or of fact)
on which the existence or extent of a legal right depends. In addition,
Article 32 of the Constitution gives an extensive original jurisdiction
to the Supreme Court in regard to enforcement of Fundamental Rights. It
is empowered to issue directions, orders or writs, including writs in
the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari to enforce them.
The Supreme Court has been conferred
with power to direct transfer of any civil or criminal case from one
State High Court to another State High Court or from a Court subordinate
to another State High Court. The Supreme Court, if satisfied that cases
involving the same or substantially the same questions of law are
pending before it and one or more High Courts or before two or more High
Courts and that such questions are substantial questions of general
importance, may withdraw a case or cases pending before the High Court
or High Courts and dispose of all such cases itself. Under the
Arbitration and Conciliation Act, 1996, International Commercial
Arbitration can also be initiated in the Supreme Court.
The
appellate jurisdiction of the Supreme Court can be invoked by a
certificate granted by the High Court concerned under Article 132(1),
133(1) or 134 of the Constitution in respect of any judgement, decree or
final order of a High Court in both civil and criminal cases, involving
substantial questions of law as to the interpretation of the
Constitution.
Appeals also lie to the Supreme Court in civil
matters if the High Court concerned certifies : (a) that the case
involves a substantial question of law of general importance, and (b)
that, in the opinion of the High Court, the said question needs to be
decided by the Supreme Court. In criminal cases, an appeal lies to the
Supreme Court if the High Court (a) has on appeal reversed an order of
acquittal of an accused person and sentenced him to death or to
imprisonment for life or for a period of not less than 10 years, or (b)
has withdrawn for trial before itself any case from any Court
subordinate to its authority and has in such trial convicted the accused
and sentenced him to death or to imprisonment for life or for a period
of not less than 10 years, or (c) certified that the case is a fit one
for appeal to the Supreme Court.
Parliament is authorized to
confer on the Supreme Court any further powers to entertain and hear
appeals from any judgement, final order or sentence in a criminal
proceeding of a High Court.
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